Sims v. JPMorgan Chase Bank, N.A., 4:10-cv-12230

Sims (plaintiff) sued Chase Home Finance in the Eastern District of Michigan, Southern Division, alleging RESPA violations due to a QWR.
Case involves Civil Case No. 10-CV-12230 before Judge Goldsmith; Magistrate Judge Morgan issued the R&R on January 21, 2011.
R&R recommended denying defendant's motion to dismiss and granting leave to amend to plead damages.
Defendant objected to the R&R on multiple grounds, including whether the letter was a QWR and whether damages could be pled.
Court reviews de novo the objection portions; court accepts the R&R and denies the motion to dismiss without prejudice, allowing amendment.
Background summarization notes the June 11, 2009 letter was treated as a QWR seeking information related to servicing under RESPA.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the June 11, 2009 letter is a QWR under RESPA	Sims's letter satisfies RESPA requirements	Letter does not meet QWR criteria	Yes, it is a QWR
Whether the letter requests information about loan servicing	Letter seeks servicing-related information	Information sought does not relate to servicing	Letter requests servicing information
Whether demanding a specific response form defeats QWR coverage	N/A	Dictating response form negates coverage	QWR covered; not automatically bartered by form of response
Whether pleading damages is required at this stage	Damages can be pled in an amended complaint	No damages pleaded, dismissal appropriate	Amendment permissible; dismissal without prejudice unless futile
Whether leave to amend was appropriate	Amendment to plead damages should be allowed	Amendment may be futile	Leave to amend granted; denial of motion to dismiss without prejudice inapplicable to preclude amendment

Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (pleading standards require plausible allegations to survive dismissal)
Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (plausibility standard for pleading following Twombly)